Beleaguered attorney faces new complaint

Saturday

Dec 2, 2017 at 5:40 PM

Cindy Swirko @CindySwirko

A Gainesville attorney who recently pleaded no contest to fraud and mishandling clients’ money is facing more legal trouble for a separate case alleging she and two co-defendants stole money from two elderly sisters.

A sworn complaint has been filed by the Alachua County Sheriff’s Office against Elizabeth Touchton, 46, for exploitation of the elderly involving less than $10,000.

Sworn complaints for the same charge were also filed against the daughter and niece of the women, Lydia Maree, 56, of 14017 SW 55th Place; and Maree’s husband, James Lennon, 52.

The complaints will be reviewed by the Eighth Circuit State Attorney’s Office to determine if formal charges are warranted.

It’s alleged that Maree hired Touchton, who took over as attorney and legal guardian of the sisters in 2015. New accounts were opened in names of sisters Jessica T. Dimuzio and Marie Tofani and money transferred into them.

Also, credit cards in their names were used to make purchases for shoes, clothing and other expenses. The spending was far out of line with what the sisters normally spent — more than $17,000 in one month, for instance. Touchton also got money.

A family member estimates that more than $40,000 in fraudulent credit card charges were made.

“The total amount of the exploitation is difficult to determine but the above listed probable cause showed each suspect received several thousand dollars from the women after they isolated the women from other family and longtime associates,” sheriff’s investigator Patrick Tombler wrote in the complaint.

Maree is the daughter of Dimuzio, who was 91 in 2015 when the investigation began. Dimuzio and Tofani, 93 at the time, moved from Pennsylvania to Gainesville many years ago and lived together with the help of a caretaker.

Tofani was diagnosed with dementia and Dimuzio with a mild cognitive impairment, the affidavit states, adding that the sisters lacked capacity to consent to the changes in their lives. Tofani died in March.

Overseeing the sister’s money for 25 years was a Philadelphia financial advisor, Bill Gorman.

The affidavit states that in 2014, Dimuzio excluded Maree from her will. In 2015, Touchton filed for a revocation of the previous power of attorney held by another Dimuzio daughter, Jessica P. Dimuzio.

Authorities also allege Touchton fired the sisters’ longtime caretaker and named herself guardian and power of attorney. Gorman was reportedly prevented from contacting DiMuzio and Tofani.

In early 2015, the sisters were removed from the Atrium apartment to stay in hotels, the affidavit states.

When The Sun first reported on allegations involving Touchton in January, Gorman said he began trying to learn what was happening but got little help from Touchton. He filed a complaint with the Florida Bar and reported the case to police.

"I called the police twice because of my concerns with my clients down there," Gorman said. "Liz Touchton did everything she could to keep me from seeing the clients."

The Sun also reported earlier this year that Jessica P. Dimuzio, who lives in Pennsylvania, became alarmed when she was unable to reach her mom and aunt at the Atrium.

She learned that Touchton notified Atrium management that only Maree and her husband were allowed to stay with the sisters, and that Touchton needed to approve all other visitors.

In the last will prepared for the sisters, 90 percent of the money was to go to Maree, the affidavit states.

Touchton was under investigation on the Dimuzio case and two other cases when she volunteered to revoke her law license.

In March a sworn complaint was filed against Touchton alleging she mishandled the money of a client, Mavis Jean Gold-Fishler, in a 2015 probate lawsuit. Touchton in November pleaded no contest and was sentenced to four years’ probation.

In May, Touchton was arrested on multiple fraud charges alleging she opened credit cards in the name of her former stepdaugther. She also pleaded no contest in that case in November.